The story of how I'm trying to do the best job I can, in the midst of utter chaos, useless lawyers, blundering managers, incompetent caseworkers, missing files, angry solicitors and furious judges, all without adequate tea and biscuits.
Thursday, March 18, 2010
Assault with a deadly weapon?
That's what the Americans call it, anyway. I don't quite know how I'd have been able to open this case. I don't think I can trust myself to say any more on the subject, or this post will just degenerate into jokes about truncheons.
I think that a part of the human anatomy would not constitute a weapon, deadly or otherwise. If it did, then every fist fight would involve a weapon.
Would sexual assault in violation of s. 3 Sexual Offences Act 2003 be an appropriate charge in a case such as this in England & Wales? I suppose the fact that his penis did not actually touch the officer would mean that there was not actual touching, but an attempt was surely committed. Given that he chose to try to use his penis rather than hands to strike the officer, I think that it would be clear that the nature and purpose of the intended touching was sexual.
How on earth was this achieved - I am 150cms (5ft) in height and am still puzzling how said weapon came to strike somebody's head even if she was a shortie like me or was everybody indulging in yoga?
Sorry, the title is just a gag. You are quite right to point out that no part of the body can be considered a weapon. For example, there is an authority dealing with the fact that a pointed finger in a pocket (along with the growled threat "I have a gun") can't be considered possession of an imitation firearm.
As for the height issue, I am also bemused as to why the officers head was in that area.
Sadly not...the Procurator Fiscal Depute will still have had to stand and present a brief summary of the facts to the Court and the defence would still have had to stand and give their plea in mitigation.
Sheriff Cowan is not one of the most understanding sheriffs on the bench and will certainly not have found this amusing at all.
I really appreciate this balanced approach, specially recognizing that genetics and action have a good deal to do with carb consumption, along with the acknowledgement of meat's environmental footprint and also the balance among animal and veggie protein. Fantastic report!
I am a lawyer employed by the CPS, somewhere within a large metropolis. I wish to enlighten my fellow citizens about how their hard-earned money is spent in my particular corner of the criminal justice system. I want to do this in a relatively light-hearted way, as humour is an excellent coping mechanism. And more to the point, if you didn't laugh, you'd cry. Please do email me: theanonymousprosecutor AT gmail.com. All contents are copyright.
I think that a part of the human anatomy would not constitute a weapon, deadly or otherwise. If it did, then every fist fight would involve a weapon.
ReplyDeleteWould sexual assault in violation of s. 3 Sexual Offences Act 2003 be an appropriate charge in a case such as this in England & Wales? I suppose the fact that his penis did not actually touch the officer would mean that there was not actual touching, but an attempt was surely committed. Given that he chose to try to use his penis rather than hands to strike the officer, I think that it would be clear that the nature and purpose of the intended touching was sexual.
How on earth was this achieved - I am 150cms (5ft) in height and am still puzzling how said weapon came to strike somebody's head even if she was a shortie like me or was everybody indulging in yoga?
ReplyDeleteSorry, the title is just a gag. You are quite right to point out that no part of the body can be considered a weapon. For example, there is an authority dealing with the fact that a pointed finger in a pocket (along with the growled threat "I have a gun") can't be considered possession of an imitation firearm.
ReplyDeleteAs for the height issue, I am also bemused as to why the officers head was in that area.
This comment has been removed by the author.
ReplyDeleteLucky you
ReplyDeletepresumably the guilty plea saved everyone embarasment
ReplyDeletethe old stoner,
ReplyDeleteSadly not...the Procurator Fiscal Depute will still have had to stand and present a brief summary of the facts to the Court and the defence would still have had to stand and give their plea in mitigation.
Sheriff Cowan is not one of the most understanding sheriffs on the bench and will certainly not have found this amusing at all.
I really appreciate this balanced approach, specially recognizing that genetics and action have a good deal to do with carb consumption, along with the
ReplyDeleteacknowledgement of meat's environmental footprint and also the balance among animal and veggie protein. Fantastic report!
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